By Luna S.B. No. 1278
74R5861 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rights of an owner or operator of a towed vehicle.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 6701g-3, Revised Statutes, is amended to
1-5 read as follows:
1-6 Art. 6701g-3. RIGHTS OF OWNER OF A STORED VEHICLE
1-7 Sec. 1. DEFINITIONS. In this article:
1-8 (1) "Vehicle storage facility" has the meaning
1-9 assigned to that term by the Vehicle Storage Facility Act (Article
1-10 6687-9a, Revised Statutes).
1-11 (2) "Parking facility," "towing company," and
1-12 "vehicle" have <"Vehicle" has> the meanings <meaning> assigned to
1-13 those terms <that term> by Chapter 835, Acts of the 65th
1-14 Legislature, Regular Session, 1977 (Article 6701g-2, Vernon's Texas
1-15 Civil Statutes) <Article 6687-9a, Revised Statutes>.
1-16 Sec. 2. RIGHT TO HEARING. (a) If a vehicle has been
1-17 removed <moved> and placed in a vehicle storage facility without
1-18 the consent of the owner or operator, the owner or operator is
1-19 entitled to a hearing to determine whether or not probable cause
1-20 existed for the removal and placement of the vehicle.
1-21 (b) Except as provided by Subsection (c) of this section, a
1-22 hearing under this article shall be before a justice of the peace
1-23 or magistrate in whose jurisdiction the towing company or vehicle
1-24 storage facility is located.
2-1 (c) In a municipality that has a population of 1,200,000 or
2-2 more, according to the most recent federal decennial census, a
2-3 hearing under this article shall be before a municipal court judge
2-4 in whose jurisdiction the towing company or vehicle storage
2-5 facility is located.
2-6 Sec. 3. REQUEST. (a) Except as provided by Section 6(c) of
2-7 this article, a <A> person entitled to a hearing under this article
2-8 must deliver a written request for the hearing to the court before
2-9 the 14th <sixth> day after the date the vehicle was removed and
2-10 placed in the vehicle storage facility. In computing time under
2-11 this subsection, Saturdays, Sundays, and legal holidays are
2-12 excluded. A person who fails to deliver the request within the
2-13 specified time period waives the right to the hearing.
2-14 (b) A written notice under this section must contain the
2-15 following information:
2-16 (1) the name, address, and telephone number of the
2-17 owner or operator of the vehicle;
2-18 (2) the date and the location from which the vehicle
2-19 was removed;
2-20 (3) the name, address, and telephone number of the
2-21 person or law enforcement agency who authorized the removal; <and>
2-22 (4) the name, address, and telephone number of the
2-23 vehicle storage facility where the vehicle was placed;
2-24 (5) the name, address, and telephone number of the
2-25 towing company that removed the vehicle;
2-26 (6) a copy of any receipt or notification that the
2-27 owner or operator received from the towing company or vehicle
3-1 storage facility; and
3-2 (7) if the vehicle was removed from a parking
3-3 facility, photographs showing the location and text of any signs
3-4 posted at the facility restricting parking of vehicles or a
3-5 statement that no signs restricting parking were posted at the
3-6 parking facility.
3-7 Sec. 4. HEARING. (a) A hearing under this article shall be
3-8 held before the fourth working day after the date the request for
3-9 the hearing was received by the court.
3-10 (b) The court shall notify the person requesting the hearing
3-11 <vehicle's owner> and the person or law enforcement agency who
3-12 authorized the removal of the vehicle of the date, time, and place
3-13 of the hearing.
3-14 (c) The court may charge a filing fee of $17.50 <$10> for a
3-15 hearing under this article and may award court costs to the
3-16 prevailing party. If the owner or operator of the vehicle is the
3-17 prevailing party, the court may award the reasonable cost of any
3-18 photographs submitted under Section 3(b)(7) of this article.
3-19 (d) The sole issue in a hearing under this article is
3-20 whether or not probable cause existed for the removal and placement
3-21 of the vehicle.
3-22 (e) The court shall make written findings of fact and a
3-23 conclusion of law regarding the issue in the hearing.
3-24 Sec. 5. PAYMENT OF STORAGE COSTS. (a) If the court
3-25 determines that probable cause existed for the removal and
3-26 placement of the vehicle, the person requesting the hearing <owner
3-27 of the vehicle> shall pay the costs of removing and storing the
4-1 vehicle.
4-2 (b) If the court does not determine that probable cause
4-3 existed for the removal and placement of the vehicle, the person or
4-4 law enforcement agency who authorized the removal shall pay the
4-5 costs of removing and storing the vehicle. If the vehicle's owner
4-6 or operator paid removal or storage costs before the hearing, the
4-7 person or law enforcement agency shall fully reimburse the owner or
4-8 operator.
4-9 Sec. 6. NOTICE. (a) If the owner or operator of a vehicle
4-10 paid removal or storage costs before the hearing, the towing
4-11 company or vehicle storage facility that received the payment shall
4-12 at the time of payment give the owner or operator written notice of
4-13 the person's rights under this article. The operator of a vehicle
4-14 storage facility that sends a notice under Section 13, Vehicle
4-15 Storage Facility Act (Article 6687-9a, Revised Statutes), shall
4-16 include with that notice a notice of the person's rights under this
4-17 article. A notice required by this subsection must include:
4-18 (1) a statement of:
4-19 (A) the person's right to submit a request
4-20 within 14 days for a court hearing to determine if probable cause
4-21 existed to remove the vehicle;
4-22 (B) the contents of a request for a hearing
4-23 required by this article; and
4-24 (C) the filing fee for a request for a hearing;
4-25 and
4-26 (2) the name, address, and telephone number of:
4-27 (A) the towing company that removed the vehicle;
5-1 (B) the vehicle storage facility in which the
5-2 vehicle was placed; and
5-3 (C) one or more appropriate magistrates as
5-4 determined under Subsection (b) of this section.
5-5 (b) If the towing company that removed the vehicle or the
5-6 vehicle storage facility in which the vehicle was placed is located
5-7 in a municipality, the notice under this section must include the
5-8 name, address, and telephone number of the municipal court of the
5-9 municipality. If the towing company that removed the vehicle or
5-10 the vehicle storage facility in which the vehicle was placed is not
5-11 located in a municipality, the notice under this section must
5-12 include the name, address, and telephone number of the justice of
5-13 the peace of the precinct in which the towing company or vehicle
5-14 storage facility is located.
5-15 (c) If notice is not given as required by this section, the
5-16 14-day deadline for requesting a hearing under Section 3(a) of this
5-17 article does not apply, and the owner or operator may submit a
5-18 request under that section at any time.
5-19 SECTION 2. This Act takes effect September 1, 1995, and
5-20 applies only to a vehicle removal by a towing company that occurs
5-21 on or after that date. A vehicle removal by a towing company that
5-22 occurred before the effective date of this Act is governed by the
5-23 law in effect at the time of removal, and the former law is
5-24 continued in effect for that purpose.
5-25 SECTION 3. The importance of this legislation and the
5-26 crowded condition of the calendars in both houses create an
5-27 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.